(HC)Caridad v. Black ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN TABAYOYONG CARIDAD, Case No. 2:21-cv-00704-JDP (HC) 12 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL AND 13 v. GRANTING RESPONDENT’S MOTION FOR AN EXTENSION OF TIME 14 CINDY BLACK, ECF Nos. 13, 15 15 Respondent. 16 17 Petitioner has filed a motion for appointment of counsel. ECF No. 13. A petitioner in a 18 habeas proceeding generally does not have a right to appointment of counsel. See Nevius v. 19 Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, the court is authorized to appoint counsel 20 at any stage of the case “if the interests of justice so require.” See Chaney v. Lewis, 801 F.2d 21 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A(a)(2)(B). In assessing whether to appoint 22 counsel, the court evaluates the petitioner’s likelihood of success on the merits and his ability to 23 articulate his claims, considering the complexity of the legal issues involved. See Weygandt v. 24 Look, 718 F.2d 952, 954 (9th Cir. 1983). 25 The court cannot conclude at this point that the interests of justice warrant appointing 26 petitioner counsel. The legal issues involved in this action are not exceptionally complicated, and 27 petitioner has not demonstrated a likelihood of success on the merits. Accordingly, petitioner’s 28 motion to appoint counsel, ECF No. 13, is denied without prejudice. 1 Also pending 1s respondent’s motion for an extension of time to file a response to the 2 | petition for writ of habeas corpus. ECF No. 15. Good cause appearing, respondent’s motion 1s 3 | granted. 4 Accordingly, it is hereby ORDERED that: 5 1. Petitioner’s motion for appointment of counsel, ECF No. 13, is denied without 6 | prejudice. 7 2. Respondent’s motion for an extension of time, ECF No. 15, is granted. 8 3. Respondent is granted until September 24, 2021, to file her response to the petition. 9 10 IT IS SO ORDERED. ll ( 4 ie — Dated: _ July 25, 2021 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28